Hill v. Fleming
Court of Appeals of Kentucky
CASE 18. — ACTION BY GEORGE S. FLEMING AND OTHERS AGAINST THOMAS HILL. — Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiffs, defendant appeals — POINTS AND AUTHORITIES CITED. 1. The amount held by Northcutt on deposit, collected from taxes, constituted merely a debt, .and the State and county had no such specific property therein as entitled them to pursue and claim same in the hands of others.
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CASE 18. — ACTION BY GEORGE S. FLEMING AND OTHERS AGAINST THOMAS HILL. — Appeal from Kenton Circuit Court. W. McD. Shaw, Circuit Judge. Judgment for plaintiffs, defendant appeals — POINTS AND AUTHORITIES CITED. 1. The amount held by Northcutt on deposit, collected from taxes, constituted merely a debt, .and the State and county had no such specific property therein as entitled them to pursue and claim same in the hands of others. (Swartwout v. Mechanics Bank, et al., 5 Denio/ 555; Perley v. County of Muskegan, 32 Mich., 132;, Steinbach v. State, 38 Ind., 483.) 2. The words “I. B. Northcutt,…
1Opinion of the Court
*203Opinion op the Court by
Wm. Rogers Clay, Commissioner
Affirming..
On May 19,1903, appellant, Thomas Hill, loaned to I. B. Northeutt, deputy sheriff of Kenton county, the sum of $500. On said date Northeutt had an account with the Bank of Independence in his own name, which account represented all the funds which he deposited in said hank; part of same being his individual funds, anl part being money collected by him on account of taxes or executions in his official capacity. By far the greater portion of the deposit, however, consisted of taxes due the county and the State of Kentucky. On June…
2Cases cited10 opinions
- National Bank v. Insurance Co.Supreme Court of the United States · 1881
- Matter of Cavin v. . GleasonNew York Court of Appeals · 1887
- Perley v. County of MuskegonMichigan Supreme Court · 1875
- Steinback v. State ex rel. Madison TownshipIndiana Supreme Court · 1872
- Allen v. RussellCourt of Appeals of Kentucky · 1879
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3Cited by25 opinions
- Anspacher v. Utterback's AdministratorCourt of Appeals of Kentucky (pre-1976) · 1934
- Erie County v. LambertonSupreme Court of Pennsylvania · 1929
- Fidelity & Deposit Co. of Maryland v. Farmers' Bank of Bates CountyCourt of Appeals for the Eighth Circuit · 1930
- Taylor v. Harris' AdministratorCourt of Appeals of Kentucky · 1915
- American Surety Co. v. Multnomah CountyOregon Supreme Court · 1943
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